Free Traffic Legal Advice

The bay is 4 hours not 3 hours so they are wrong to say 3 hours here.

But we have key cases that show the clock is not necessary in timed disabled bays. We also know that some councils don't even include the clock in its traffic orders.

I'll did out the necessary later.

EDIT

Have a look at this thread and the two cases I cited:

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/hackney-(code-40)-parked-without-displaying-disabled-person's-badge-in-prescribe/msg44271/#msg44271

Also:

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/leeds-code-40-parked-in-a-designated-disabled-bay-without-displaying-blue-badge-/

I just updated my post with two links to other cases. The first also has links to two key cases.

I can't find the order. I would wait for the NTO.

Is the car registered to you and is the V5C logbook name/address correct?

Having read a couple of the cited cases and the council's response in this case, I suggest a different approach.

IMO, the legal issues here are:
Even if a Traffic Management Order includes provisions that a 'clock' must be displayed in a time-limited BB holders' bay(which I think is permissible), is the traffic sign prescribed under the TSRGD adequate to convey this requirement and would its use meet the council's LATOR duty; and

Even if it did, would the use of the contravention description '...BB in the prescribed manner' be a permissible means to demand a penalty?

IMO, no and no.

1. TSRGD are clear as is the requirement to request the SoS's approval to a varied sign;

2. No. The mandated penalty refers to terms defined in legislation (i.e. BB and prescribed manner) and it does not lie with the council to, shall we say, broaden the meanings of either so as to shoehorn a contravention of a TMO into the mandated penalty grounds.

And IMO there's procedural impropriety in the PCN i.e. the mandatory warning regarding 'if reps are made but a NTO is still issued the owner must respond to the NTO' seems to be missing.

Having read a couple of the cited cases and the council's response in this case, I suggest a different approach.

IMO, the legal issues here are:
Even if a Traffic Management Order includes provisions that a 'clock' must be displayed in a time-limited BB holders' bay(which I think is permissible), is the traffic sign prescribed under the TSRGD adequate to convey this requirement and would its use meet the council's LATOR duty; and

Even if it did, would the use of the contravention description '...BB in the prescribed manner' be a permissible means to demand a penalty?

IMO, no and no.

1. TSRGD are clear as is the requirement to request the SoS's approval to a varied sign;

2. No. The mandated penalty refers to terms defined in legislation (i.e. BB and prescribed manner) and it does not lie with the council to, shall we say, broaden the meanings of either so as to shoehorn a contravention of a TMO into the mandated penalty grounds.

And IMO there's procedural impropriety in the PCN i.e. the mandatory warning regarding 'if reps are made but a NTO is still issued the owner must respond to the NTO' seems to be missing.

I'm trying to familiarise myself with the acronyms! Thanks for your input I will let you know once I've received the NTO

Welcome to our acronym world!

PCN -penalty charge notice
NTO -notice to owner
CC- charge certificate
OfR- order for recovery
TEC-traffic enforcement centre
WS-witness statement
TSRGD- traffic signs regulations and general directions
RTRA-road traffic regulation act
TMA-traffic management act
JR-judicial review...or Jim Reeves!

I did not realise there would be this many  I think I've got it.
LATOR - Law and Traffic Order Regulation's?
 SOS - I'm sure thats not the help signal 

LATOR = The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996

https://www.legislation.gov.uk/uksi/1996/2489/content

3 outta 5 letters. Not too bad! Thanks